Dealing In Rare Sturgeon Nets Charges For 4

NEWPORT NEWS — An undercover operation by the Virginia Marine Patrol netted four area residents who have been charged with dealing in rare Atlantic sturgeon.

Charged with illegal possession or sale of sturgeon is the Smithfield family of Payton Jones Jr., 65; his wife, Brenda, 58; and a son, Payton Wayne Jones, 41, said Lt. Col. Lewis Jones.

FOR THE RECORD - Published correction ran Saturday, July 24, 1999.A story on the front of Friday's Local section about charges filed in the sale of sturgeon contained an incorrect second reference to Steven Powell of Poquoson, one of those charged. Later in the story he was referred to as "Bowman, the Poquoson resident," instead of Powell. (The text of this document has been changed to reflect the correction.)

Also charged is Steven Powell, 43, of Poquoson.

Jones said the undercover operation, which began about May 1998, is expected to result in a variety of charges against people from Hampton to Richmond - everything from the illegal sale of striped bass to peddling drugs and moonshine.

A list of names and charges should be available next week, Jones said. Not everyone has been served, but the Marine Patrol anticipates charging 22 people with a variety of crimes. The patrol is the law enforcement arm of the Virginia Marine Resources Commission and is charged with patrolling state tidal waters.

An employee of the Marine Patrol, who was not well-known among watermen, has done the legwork on this undercover operation, which is continuing, Jones said.

Sturgeon are so rare that even possessing them is illegal. In the case of the Jones family, they face misdemeanor charges involving 98 sturgeon taken from the James River. Powell, the Poquoson resident, is charged with five counts of possession and/or sale of sturgeon.

If convicted, they face up to one year in jail and a $2,500 fine on each count.

Sturgeon are rare because they have been victimized by overfishing and pollution, said John Olney, an assistant professor in the fisheries department at the Virginia Institute of Marine Science.

The state classifies it as a species of special concern, Olney said. That means the population has shrunk to the point where it's worth watching.

"It's an extremely small population," Olney said.

When the first colonists came to America, the sturgeon was considered a nuisance fish, said Dean Fowler, a biologist for the Department of Game and Inland Fisheries. Up to 9 feet long, sturgeon could easily tear fishermen's nets.

In the 1800s and early 1900s, the species was overfished as the public sought its tasty meat. It was also a source of caviar. The population has been slow to recover because it takes sturgeon 10 to 20 years to reach sexual maturity, Fowler explained.

Sturgeon have been protected by the state for some time, Olney added. In 1938, Virginia passed a law prohibiting the taking of sturgeon of less than 4 feet. In 1974, it became illegal simply to possess one.

"These laws have been around for a while," Olney said.

- Hugh Lessig can be reached at 247-4787 or by e-mail at hlessig@dailypress.com

ATLANTIC STURGEON

* Description: Characterized by a long snout, a toothless mouth and five rows of bony plates on the body. Females are usually longer and mature later than males.

* Habitat: Its presence is documented in 32 rivers, including the James River.

* Commercial value: True caviar is found in the belly of a sturgeon.

* Other facts: Atlantic sturgeon may live as long as 60 years, reach lengths of up to 14 feet and weigh more than 800 pounds.

- Source: The Audubon Society Field Guide to North American Fishes, Whales and Dolphins